During the period between February 15th and May 15th of each year, open burning may only take place between the hours of 4:00 p.m. and 12:00 midnight. 

NOTE: The Commonwealth of Virginia Ordinance goes to April 30th of each year, but Fauquier County extended the period to May 15th within its jurisdiction.

NOTIFICATION REQUIRED: Open burning may take place only AFTER those wishing to burn have notified the Fauquier County Communications Center at 540-347-1313.

RESIDENTIAL BURNING: The burning of wood, brush, grass trimmings or leaves is permitted in all areas of the County, provided the following conditions are met:

1. The fire must be a minimum of 50 feet from any structure and be 300 feet from any occupied dwelling you MUST have written permission those who occupy those dwellings; AND

2. You MUST constantly attend the fire at all times; AND

3. Burning MUST be conducted in such a fashion as to minimize any nuisance to neighbors.

What is the 4 p.m. Law?
The 4 p.m. Law is a ban (or restriction) on open air burning before 4:00 p.m. You are allowed to burn between 4:00 p.m. and 12:00 midnight as long as you notify the Fauquier Communications Center, take proper care and precautions, and tend your fire at all times.

Open Burning Tips: Keep a supply of water and a rake or shovel readily accessible. Burn when the wind is calm. Obey forest fire laws and air pollution regulations.

Debris burning continues to be the leading cause of forest fires in Virginia. The 4:00 p.m. Burn Law is different from burning bans, which are invoked only during periods of extreme fire danger.

Do I Need a Permit? If you are only burning leaves or yard debris, tree or garden trimmings, no. If you are unsure, please call (540) 422-8800.

When is a Permit Required? A permit is required when open burning for the purpose of land or site clearing operations. This permit may be obtained from the Department of Fire Rescue and Emergency Management at (540) 422-8800. Requests for inspections must be made by Thursday at 4:00 p.m.